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A simple promissory note might be for a lump sum repayment on a certain date. For example, you lend your friend $1,000 and he agrees to repay you by December 1. The full amount is due on that date, and there is no payment schedule involved.
You can use a template or create a promissory note online. But before you begin, you'll need to gather some information and make decisions about the way the loan will be structured. First, you'll need the names and addresses of both the lender (or "payee") and the borrower.
At its most basic, a promissory note should include the following things:Date.Name of the lender and borrower.Loan amount.Whether the loan is secured or unsecured. If it's secured with collateral: What is the collateral?Payment amount and frequency.Payment due date.Whether the loan has a cosigner, and if so, who.
A promissory note secured by collateral will need a second document. If the collateral is real property, there will be either a mortgage or a deed of trust. If the collateral is personal property, there will be a security agreement.
If you're signing a promissory note, make sure it includes these details:Date. The promissory note should include the date it was created at the top of the page.Amount.Loan terms.Interest rate.Collateral.Lender and borrower information.Signatures.
When you borrow money and offer assets to secure the loan, you will be asked to sign a promissory note and security agreement. These documents protect both the lender and borrower by spelling out exactly what terms you are agreeing to.
A security agreement is used in conjunction with a secured promissory note. The terms of the secured promissory note typically includes a reference to the security agreement and a brief description of the related collateral.
Secured and Unsecured Promissory NotesBanks and other financial institutions will require property to be used as collateral to secure the note whereas an individual loaning money to a family member may choose to forego the use of collateral. The same can be said for interest to be charged on the debt.
In order for a promissory note to be valid and legally binding, it needs to include specific information. "A promissory note should include details including the amount loaned, the repayment schedule and whether it is secured or unsecured," says Wheeler.